Rep. Miller Speaks Against Articles Of Impeachment Ahead Of Full House Vote

This is a developing story and may be updated.

Debate continues on the floor of the U.S. House on whether to impeach President Donald Trump — and West Virginia’s delegation is expected to oppose the articles and support the president. 

Rep. Carol Miller, a Republican who represents West Virginia’s 3rd Congressional District, spoke on the floor early in Wednesday’s debate.

House Democrats are accusing the president of abuse of power and obstruction of Congress. Miller argued those charges don’t hold up. 

“There are two charges claimed by House Democrats and there is zero cause for either. While President Trump has led our country has thrived, and Washington liberals have failed,” Miller said.

Miller, who sits on the House Oversight Committee, protested the earliest of proceedings into the impeachment inquiry into the president.

She is expected to vote against the articles of impeachment, as is David McKinley and Alex Mooney — the two other Republican members of the House from West Virginia. 

Should the Democratic-led House adopt articles of impeachment, the president would stand trial in the Senate. 

Rep. Alex Mooney Defends Protest Of Impeachment Inquiry Depositions

A Republican congressman from West Virginia who took part in a Wednesday protest of an ongoing impeachment inquiry into President Donald Trump is defending his actions. Rep. Alex Mooney was one of dozens of Republican lawmakers who made their way into a secure room where a scheduled deposition was delayed. 

Some congressional Democrats say the protest might have been a violation of national security and are calling on the House’s Sergeant of Arms to take action against those who made their way into the secure area. 

Mooney drew attention Wednesday when he tweeted audio of a dispatch he made from inside a sensitive compartmented information facility — known as a SCIF — where Pentagon official Laura Cooper had been scheduled to provide a deposition. Those proceedings were delayed for hours. 

“I represent over 600,000 people in West Virginia who are not given a right to know what’s even being said in these hearings. It is a brazenly attempt for no reason to impeach the president of the United States,” Mooney said in the audio uploaded to Twitter. “I’m proud that over 30 members of Congress, including our whip, Steve Scalise, walked into that room and demanded transparency and justice for our president.” 

On that recording, he said he made a call on a secure phone from inside the SCIF.

But questions arose about whether some Republicans, including Mooney, had brought their cellphones into the SCIF. Mooney also tweeted video of himself walking down a corridor and toward the entrance of the secure room as the protest was beginning.

In a Thursday phone interview with West Virginia Public Broadcasting, Mooney outlined his involvement in the protest, defended his actions and criticized Democrats for limiting access to the impeachment inquiry depositions. 

“I think what you saw — both from other media sources and from my own cell phone — was me walking into the hallway area that you have to go through first. In that hallway area, they tell you to turn your cellphones off,” Mooney said of the video he took of himself. “And then you have to go through another door to actually be in the SCIF area. So what you saw was actually not the SCIF area. And that’s been misreported by some outlets. But once I got in there, they said, ‘Turn the phones off.’ So I turned it off.”

“Once we got in there, they took our phones away from us,” he added. 

Mooney acknowledged that Republicans who sit on three panels — the House’s Intelligence, Oversight and Foreign Affairs committees — are allowed to take part in the hearings. But, he said he is unaware of how much time members of the minority are given to ask questions or what information has been gathered. 

“I know the Republicans on the committees are allowed in the room. That much I know. I don’t know how the questioning goes,” he said.

Mooney and other Republicans have argued that conducting the depositions behind closed doors and excluding other members of Congress is not an acceptable method for the proceedings. 

“Committee hearings aren’t supposed to be done in secret. This is a basic thing of government and I don’t care where you stand on the issues — Republican or Democrat, or if you like Trump or you don’t like Trump.  Committee hearings are not supposed to be done in secret, particularly impeachment inquiries,” he said.

The U.S. Constitution does not specify how impeachment inquiry proceedings should take place — only that the House “shall have the sole Power of Impeachment” and the Senate would hold a trial.

Following the Republican protest, House Homeland Security Chairman Bennie Thompson, D-Miss., sent a letter to the chamber’s sergeant at arms, calling Wednesday’s events an “unprecedented breach of security.” Thompson called for action to be taken against those who took part in the breach of the SCIF.

“More broadly, I urge you to take House-wide action to remind all Members about the dangers of such reckless action and the potential national security risks of such behavior,” Thompson wrote. 

Mooney fired back at Thompson’s letter, saying that congressional Democrats should be investigated for the way in which the depositions have been held. 

“I feel that’s the pot calling the kettle black. There is no way that we are violating any rules,” he said. “They are the ones violating the rules by closing these hearings. If there’s an ethics investigation of any kind, it should be against the people closing these hearings and declaring that it’s confidential when it’s not. This is a kangaroo court, Soviet-style hearings. I’m not going to be intimidated by these people. This is that that is absolutely nothing that I’m concerned about at all.” 

Mooney also noted that he met with President Trump earlier this week, along with a group of other Republicans. He also said the idea to hold a protest of the closed-door depositions was his own. 

“I actually said over a week ago at one of our Republican meetings that we should go into those hearings — and it was very well received among Republicans,” Mooney said. “I’d like to say that was my idea to go into those hearings. Although, it was Congressman Matt Gaetz, who called the press conference and Steve Scalise, our whip, who wasn’t at the meeting I was at, anyway, with the president — who led this effort.”

Mooney said he will continue to push for more open proceedings and for minority Republicans to be allowed to call witnesses in the depositions. 

A spokesman for Rep. Carol Miller, of West Virginia’s 3rd Congressional District and who sits on the House Oversight Committee, said in a statement that Miller has been part of the group allowed in the SCIF depositions. She outlined Miller’s involvement in Wednesday’s activities on Capitol Hill.

“Congresswoman Miller participated in this morning’s press conference to oppose the lack of transparency and due process in Nancy Pelosi and Adam Schiff’s closed-door impeachment proceedings, which are being hidden from a majority of her colleagues, and far out of sight of the American people,” the spokesperson said in an email to West Virginia Public Broadcasting. “Congresswoman Miller does not bring her electronic devices into the SCIF.” 

Miller’s spokesman did not respond to West Virginia Public Broadcasting’s request for an interview. 

A spokesperson for Rep. David McKinley of the state’s 1st Congressional District said McKinley did not take part in the protest.

W.Va. House of Delegates Files SCOTUS Brief on Halted Impeachments

The West Virginia House of Delegates has filed a brief with the U.S. Supreme Court in a case attempting to overturn a decision by the state’s high court that dismissed impeachment cases last year.

 

In a reply brief filed Thursday, attorneys for the House of Delegates say the U.S. Supreme Court should review a decision in West Virginia that limited the legislature’s constitutional powers of impeachment. They say the decision “eviscerates the state’s republican form of government.”

 

In October — just before then-Chief Justice Margaret Workman was set to stand trial in the state Senate — an ad hoc bench of the West Virginia high court ruled hers and other impeachments were unconstitutional.

 

The House of Delegates voted to impeach four of the state’s five justices last year on charges they misused state funds on lavish office renovations and failed to hold one another accountable.

 

However, only one impeachment trial was held, in which Justice Beth Walker was acquitted on a maladministration charge.

 

Attorney: SCOTUS Shouldn't Review West Virginia Impeachment Case

An attorney for a West Virginia Supreme Court justice is arguing that the U.S. Supreme Court should not take up the question of how states allocate power…

An attorney for a West Virginia Supreme Court justice is arguing that the U.S. Supreme Court should not take up the question of how states allocate power among their branches of government.

The legal brief comes as the nation’s high court considers an appeal from the West Virginia Senate and the state House of Delegates. The lawmakers are requesting a review of a ruling that halted impeachment proceedings for state Supreme Court justices.

The U.S. Supreme Court asked West Virginia Justice Beth Workman’s attorney to file a response to the request.

The Charleston Gazette-Mail reports attorney Marc Williams’ filing Friday argues the matter doesn’t warrant a review because the federal court previously ruled that the distribution of power within state governments was up to individual states, not the federal government.

W.Va. Senate OKs Resolution on Impeachment Proceedings

The West Virginia Senate has passed a resolution that would let state voters decide whether to prohibit state courts from interfering in impeachment proceedings.

The Senate sent the resolution on a proposed constitutional amendment to the House of Delegates on a 27-6 vote Monday.

Four state Supreme Court justices were impeached in August over questions involving lavish office renovations that evolved into accusations of corruption, incompetence and neglect of duty. Some of the justices were accused of abusing their authority by failing to rein in excessive spending.

In October a temporary panel of justices ruled the impeachment efforts were a violation of the separation-of-powers doctrine and that the Legislature lacked jurisdiction to pursue the trials.

The process was officially derailed when the presiding judge didn’t show up to one justice’s Senate trial because of the decision.
 

West Virginia Senate Mulls Next Steps in Impeachment Drama

The leader of West Virginia's Senate said he's mulling his options after the state Supreme Court refused to revisit a ruling that halted the impeachment…

The leader of West Virginia’s Senate said he’s mulling his options after the state Supreme Court refused to revisit a ruling that halted the impeachment process of several justices.

 
“At this point, one branch of government has to be the adult in the room,” Senate President Mitch Carmichael said. “We’re going to continue exploring ways to get this ridiculous decision reversed.”

A panel of judicial stand-ins ruled Oct. 11 in favor of Justice Margaret Workman’s challenge of her impeachment, saying the Senate lacked jurisdiction to pursue the trial. The decision also was applied to retired Justice Robin Davis and Justice Allen Loughry, who recently resigned after being convicted of federal fraud charges.

 
Workman’s Senate trial was postponed after the presiding judge didn’t show up in light of the court’s ruling blocking the trial.

 
The Senate then asked the court to revisit the ruling. The justices last week declined.

 
“We believe it is a clear violation of separation of powers, a clear violation of the constitution of West Virginia,” Carmichael said. The justices “don’t get to decide whether something has been done correctly within the rules of the Legislature.”

 
Workman’s attorney, Marc Williams, said “it’s unfortunate that the Senate president has taken the position that courts are somehow overstepping their bounds.”

 
Williams noted a landmark 1803 U.S. Supreme Court ruling which held “the courts should be the final arbiter of constitutional questions.

 
“I’m baffled as to why (Carmichael) would find that problematic,” he said.

 
Carmichael, a Republican, said two remaining options are appealing the ruling to the U.S. Supreme Court or crafting a proposed amendment to the state constitution that impeachment powers rest solely with the Legislature.

 
The amendment would “clarify what’s very clear anyhow — to have the voters themselves overturn this crazy decision,” Carmichael said.

 
Carmichael said one factor in whether an appeal will be made is the potential cost involved to the state.

 
Workman, Davis, Loughry and Justice Beth Walker were impeached in August over questions involving lavish office renovations that evolved into accusations of corruption, incompetence and neglect of duty. Some of the justices were accused of abusing their authority by failing to rein in excessive spending.

 
Walker was cleared of an impeachment charge at her Senate trial in October.

 
Loughry resigned earlier this month and was the third justice to leave the five-member court. Justice Menis Ketchum announced his resignation before the House of Delegates’ impeachment hearings. Davis retired after the House approved impeachment charges against her.

 
Both Loughry and Ketchum still face sentencing in federal court for earlier convictions, including wire fraud involving the personal use of state cars and fuel cards and mail fraud.

 
“Realize what has happened here,” Republican House Speaker Roger Hanshaw said. “Much of what was sought to be addressed by those articles of impeachment has in fact resolved itself.”

 
Two Republicans who were appointed as Supreme Court justices after the scandal broke, former House speaker Tim Armstead and ex-Congressman Evan Jenkins, won election to continue on the bench.

 
Armstead will complete the term of Ketchum through 2020. Jenkins will serve through 2024, when Davis’ term ends.

 
Judicial elections in West Virginia became nonpartisan in 2016, but the court’s impeachment scandal stirred political attacks. Some Democrats argued the court’s shakeup was a power grab by the Republican-led legislature.
 

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